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Terms of Use

Welcome to the www.nugenesisnails website (the "Site"). The Site is owned and operated by Nugenesis Nails Inc. Please review the following terms and conditions carefully. 


1. Acceptance of Agreement
By accessing, using or browsing the Site, you agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. Nugensis Nails Inc. reserves the right, in its sole discretion, to change, add or modify any portion of these Terms of Use at any time by posting new Terms of Use on the Site. Your continued use of the Site after such changes are posted will constitute your agreement to such changes. 

2. Modifications to the Site
Nugenesis Nails Inc. reserves the right, for any reason, in its sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, features or hours of availability. 

3. User Conduct
You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you will not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing, libelous, defamatory, pornographic or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false of misleading indications or origin or statements of fact.

4. Intellectual Property
You acknowledge and agree that all content and materials available on the Site, including but not limited to the Nugenesis Nails Inc. name and logos, are protected by intellectual property and other laws. Nugenesis Nails Inc. exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Site and related to the Site, and all modifications and derivative works thereof, and all intellectual property rights related thereto. Except as expressly authorized by Nugesnsis Nails Inc., any use, copy, reproduction, display, performance, modification or transmission is strictly prohibited. Notwithstanding the above, you may download one copy of the content and materials on the Site on any single computer for your personal non-commercial use, provided you do not: (a) modify or copy the materials; (b) use the materials for any commercial purpose or for any public display (commercial or noncommercial); (c) attempt to decompile or reverse engineer any software contained on the Site; (d) remove any copyright or other proprietary notations from the materials; (e) transfer the materials to another person; or (f) "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions.

5. Diversion Policy
Nugenesis Nails Inc. products are manufactured for sale and distribution exclusively for salons and selected retailers where the use and purchase of our products are guided by the advice of salon professionals. 

6. Nugenesis Nails Inc. does not guarantee the genuineness, quality, or freshness of its products sold outside authorized salon channels. Such products may be adulterated or misbranded and may not bear legally-required batch code or ingredient information.
Internationally, Nugenesis Nails Inc. assigns specific country territories to its distributers. Sales by others into those territories from other countries, whether by the Internet or otherwise, violate the rights of those distributors and interfere with our contractual relations with them, as well as with our respective rights for prospective economic advantage. Such sales, which frequently involve false declarations and illegal shipment of flammable materials via U.S. mail, violate not only U.S. Customs and U.S. Postal Service laws, but also the import laws of the country of destination. Such actions may subject both sellers and purchasers to criminal sanctions, fines, and confiscation.

7. Privacy
For an explanation of Nugenesis Nails practices and policies with regards to information collected or submitted to the Site, please see its Privacy Policy.

8. DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. OPI DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

9. LIMITATION OF LIABILITY
IN NO EVENT SHALL NUGENESIS NAILS INC. BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF NUGENSIS NAILS INC. IN NO EVENT SHALL NUGENESIS NAILS INC. TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE.

10. Indemnification
You agree to defend, indemnify and hold Nugenesis Nails Inc., and its officers, directors, employees, agents, licensees, successors and assigns harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) incurred or suffered by them in connection with any claim arising out of or related to: (a) your use of the Site; (b) your breach or violation of these Terms of Use; (c) your dispute with another user; or (d) the unauthorized access to any password-protected area of the Site using your password. Nugenesis Nails Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Nugenesis Nails Inc.

11. Termination
These Terms of Use constitute a binding agreement between you and Nugensis Nails until terminated by you or Nugenesis Nails Inc., which Nugenesis Nails Inc. may do at any time, without notice, in its sole discretion. If you become dissatisfied with the Site, your only recourse is to immediately discontinue use of the Site.

12. Linking Restrictions
You may provide a hypertext link to the Site on another website, provided that: (a) the link must be a text-only link clearly marked "Nugensis Nails Home Page" and only go to the Site's home page; (b) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Nugenesis Nails Inc. name and trademarks; (c) the appearance, position and other aspects of the link may not create the false impression that an entity is associated with or sponsored by Nugenesis Nails Inc.; (d) when activated by a user, the link must display the Site full-screen and not within a "frame" on the linked website; and (e) Nugenesis Nails Inc. reserves the right to revoke its consent to the link at any time in its sole discretion.

13 General Provisions
If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to effect the intent of these Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect. The failure by either you or Nugenesis Nails Inc. to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or these Terms of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. This agreement comprises the entire agreement between you and Nugenesis Nails Inc, and supersedes all prior agreements between the parties regarding the subject matter contained herein. All provisions in these Terms of Use regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of these Terms of Use.